Association's inoperative entry gates irk homeowner

     By Barbara Holland, CPM
      Q. I bought a home almost three years ago from a developer who promoted the neighborhood as a gated community. The electronic gates have never worked properly and remain open most of the time. When the gates have worked, it has been only for a few days at a time.
      We have been through several management companies, but they all have excuses for the gates not functioning. The management companies have said that they are either waiting for construction to stop in the neighborhood or for the developer to install a new gate system.
      The gates do not work as designed for many reasons, mainly because they are too lightweight and easily forced open.
      The developer should be held accountable for this poor gate system and we should get what we paid for with our monthly association dues. How do we get the management company and developer to act?
      A. Unfortunately, you are not the only homeowner within an association with an inoperative gate system installed by the developer. Specific procedures should be followed in order to obtain assistance to correct the gate problem.
      The law allows homeowners to address the board with issues and concerns. If you have not attended a board meeting, you may want to organize your neighbors and attend the next meeting to discuss this issue. Formal letters can be written to the board and the developer, asking for a meeting regarding the gate.
      You can also contact gate contractors to have them look at the gate for their comments and suggestions. Their written comments would greatly assist the board.
      Next, obtain the support of the board to obtain copies of the gate plans that were submitted to the city's building department.
      The next step would be to contact the city's building department to inspect the gate. The building department can determine if proper permits were issued and whether the gate was built to code and according to the plans submitted. You may even want to contact the fire department, which also has specific regulations pertaining to the ingress and egress of a gate entryway. If the gate does not meet the codes or is not built to specifications, the city can issue a correction notice to the association/developer which can be used in a formal complaint against the developer with the state contractors board.
      The contractors board can be invited onto private property by the board of directors, the management company or a homeowner. They have jurisdiction over the quality of the work performed and over any citations issued by the county or city for construction work to be corrected. The contractors board can also issue a correction notice to the developer.
      If the management company works with a board of directors that is controlled by the developer, the company may have difficulties in obtaining support from the board to take these steps because it receives directions from the board. In addition, previous management companies may have tried to motivate the developer to fix the problem but were unsuccessful.
      If you cannot obtain any assistance from the board or management company, then you may want to take these steps and contact the city's building department to begin the process.
      Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.
      Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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